Drink Driving Escaping Liability

schneckster

Hi,

I'm looking for advice on what else I can do to try and get a bit of justice.

My OH was parked on a high street in some bays at the side of the road. She switched off the lights and engine ready to get out of the car when another car reversed into her at (for reverse, at least) high speed. She said she heard the engine at high revs as well, indicating the driver floored it.

Both of them got out of the cars, my OH ready to exchange details, when it was clear the other driver had been drinking (smell, demeanor, etc.). The driver mumbled a phone number, assured my OH she was insured and then staggered off up the road.

Needless to say, we called the Police (didn't come out and asked we went in to file a report!) and our insurance company. Police say that unless they catch her by the car they can't prosecute. Insurance say that without witnesses and unless other driver fesses up, we'd be liable for the damage to both cars since it can't be proved my OH didn't drive into the other car! :mad:

I'm going to the area today to look for CCTV cameras but I'm not holding out much hope.

Is there anything else I can do to make sure our premiums are not affected by someone else's wrongdoings?

Our one consolation is that this woman at least got out of her car and walked away after hitting us. I mean, she could not have hit us and carried on driving. Maybe hitting us saved someone else's life? Sobering thought, eh?

Thanks in advance,

Schneckster

Trebor16

When your OH phoned the police, did she mention the other driver had apparantly been drinking? It might be worthwhile asking the police what their standard operating procedures are when an RTC (road traffic collision) is reported to them and allegations are made that one party may have been drinking. This will assist you to see if the police did follow their SOP's correctly.

I would suggest that your OH being told she would be liable for the damage to both cars in the absence of witnesses is nonsense. At worst it would come down to a 50/50 settlement or split liability as they call it now.

bob_a_builder

we'd be liable for the damage to both cars since it can't be proved my OH didn't drive into the other car!

No - 50% max surely, since neither side can prove anything ( unless you can find that cctv - hope you can)

thenudeone

Did your OH make clear to the police that the other driver was drunk and was still on scene?

If an offender is still on scene (even for the most minor offence), that's enough to classify it as a blue light response.
If he did, I would suggest making a complaint about the police response.

If the drivers failed to exchange details at the scene then
a) the other driver has committee an offence of failing to stop after an accident - the police have a duty to investigate. make them!
b) your OH should have reported the accident in person to the police as soon as practicable. (or else he's committed an offence as well)

It is simply untrue to say "Police say that unless they catch her by the car they can't prosecute". I am aware of several occasions where police have gone to an alleged drink driver's home and breath tested them on the doorstep (and then arrested them).
As long as there is reasonable suspicion that they were driving at the time an accident occurred, they can demand a breath test. Thy certainly do not need to catch them in the driver's seat (although that's the best place to find them)

schneckster

To answer come points:
1. Yes when my OH rang the Police she made it clear the other driver was drunk. However, the other driver left the scene pretty quickly
2. OH called the Police within 30 mins (I called as well but they needed her to do it) and reported in person at a station 3 hours later
3. Police are waiting for us to return a report form as unless we report damage, they will do nothing more. Bodyshop getting back to me today so the form should be in Police hands today or tomorrow
4. I agree that the Police response is somewhat suspect, here. I know of plenty of ocassions where they've caught up with offenders later on. We did make that point to them
5. Insurance company said that if the other driver decided to pull a fast one and say OH drove into the back of her, no witnesses would put liability on my OH. With the damage to both cars able to suggest that and suggest what actually happened, the insurance company would automatically assume fault in the car with front end damage. Wrong in this case, but that's what they do.

One thing in our favour is that if the other driver didn't remember, then the first they'll know is when our insurance and/or the Police are knocking on their door asking for answers. That may well prove it for us.

This is the second incident we've had where we may wind up with liabilty and it isn't our fault. So, I'm investing in a Roadhawk to prevent a third.

Cheers,

Schneckster

colino

The Police not immediately responding to a drunk driver or not even visiting later and doing a countback is ridiculous. Get the local press involved, the officers involved have already straightened out their stories.

Road_Hog

colino wrote: »

The Police not immediately responding to a drunk driver or not even visiting later and doing a countback is ridiculous. Get the local press involved, the officers involved have already straightened out their stories.

The police can do nothing. They have to catch the driver in charge of the vehicle.

Rupinder_Khurana

Getting the CCTV recordings would surely help, which can at least prove that the other party had hit the car, but still the drinking part remains unresolved. In case you have reported the same to the police, its their call to investigate. Lastly, involvement of the press would definitely help.

Regards,

bigdave196

schneckster wrote: »

To answer come points:
1. Yes when my OH rang the Police she made it clear the other driver was drunk. However, the other driver left the scene pretty quickly
2. OH called the Police within 30 mins (I called as well but they needed her to do it) and reported in person at a station 3 hours later
3. Police are waiting for us to return a report form as unless we report damage, they will do nothing more. Bodyshop getting back to me today so the form should be in Police hands today or tomorrow
4. I agree that the Police response is somewhat suspect, here. I know of plenty of ocassions where they've caught up with offenders later on. We did make that point to them
5. Insurance company said that if the other driver decided to pull a fast one and say OH drove into the back of her, no witnesses would put liability on my OH. With the damage to both cars able to suggest that and suggest what actually happened, the insurance company would automatically assume fault in the car with front end damage. Wrong in this case, but that's what they do.

One thing in our favour is that if the other driver didn't remember, then the first they'll know is when our insurance and/or the Police are knocking on their door asking for answers. That may well prove it for us.

This is the second incident we've had where we may wind up with liabilty and it isn't our fault. So, I'm investing in a Roadhawk to prevent a third.

Cheers,

Schneckster

Did your other half not take pictures of the scene? From the way you've described it, I would have thought that pictures would have shown that your car had been moved back out of the space with the front car also back out of it's space, rather then it being the other way around had it been a rear-end shunt, if you get what I mean

fadetogrey

Im surprised at the police response to this,I realise its a bit late for you but I have always advised both my wife and daughters if they are ever involved in an accident such as you described to immediately ring for the police and ALSO request an ambulance for 2 reasons.Number one because either of the cars occupants may be injured and not realise it,and two police MUST attend an injury accident.It always pi$$es me off the way insurance companies always try to take the easy way out even if it means costing an innocent motorist their no claims.

schneckster

BigDave,

It wouldn't have really shown the car had moved back. It was in a parking area at the side of the road - dotted lined box showed the area, but no individually marked bays.

Just had a word with the Police again. They say that just giving us a mobile number is not enough and she can be charged with leaving the scene of an accident. They can investigate along these lines which may give us some leeway with the insurance. They will also grab any CCTV in the area, private, council or Police. No definites, though, but it may help

Cheers,

Schneckster